JUDGMENT OF THE COURT
LEONARD OCHIENG AWICH (the appellant) appeals to this Court from a judgment of the High Court at Nakuru upholding the conviction and sentence of the Principal Magistrate’s court at Kericho for attempted robbery with violence contrary to Section 297 (2) of the Penal code-Cap 63 and that of possession of a firearm without a firearm certificate contrary to Section 4(1) as read with Section 4(3) of the Firearms Act-Cap 114.
The particulars of the first count were that on the 15th day of January, 2001 at Kipsitet area in Kericho District of the former Rift Valley Province, jointly with others not before the court while armed with a dangerous weapon namely a home-made pistol he attempted to rob ANYONA MOINDI of a Motor Vehicle Registration No KAL 066 S Isuzu Canter valued at Ksh 2 Million and at or immediately before or immediately after the time of such attempted robbery threatened to use actual violence to the said ANYONA MOINDI. The particulars of the second count wer…